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2nd Mortgage and arbitration?

Mick Hall

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Hi folks,


It's been a while since I've posted here, but the following has me somewhat confused. I have tried to explain the details to the best of my ability, and I would really appreciate some input on your thoughts and what to do next.


Our primary residence is in Foreclosure with an attorney handling the case on our behalf. It seems to be in a stalemate position at the moment.


I received a letter from another attorney/debt collector regarding the 2nd Mortgage/HELOC on the property, I have sent the letter over to my attorney for their files. I sent the attorney/debt collector a debt vaidation letter, to which they first replied with an Affidavit of Debt as debt validation (it is written on the top of the Affidavit) also the affidavit is marked "Exhibit A" although there was no other paperwork/documents supplied. They have not filed a law suit in this case.  I would like to mention at this time that I have also checked my current credit report which states that the account is CLOSED.


In our debt validation letter there is a paraghraph regarding arbitration. It reads....If the alleged agreement has any arbitration clause that waives your litigation rights over this alleged debt, I hereby envoke it, elect arbitration,and waive (banks name here) and it's assignees right to litigate in this matter, per the underlying arbitration clause.


The Banks Attorneys have now sent me a AAA supplementary procedures for consumer-related disputes form which they have filled out, IN MY NAME, and paid a $1500.00 fee. It is marked as a request of the consumer on the form. There is no signature on the form from me and I have not contacted AAA to request arbitration.


My question is: Can they file an arbitration request in my name without my permision? All I have said is that I want to envoke the arbitration clause?


Also does anyone know if Florida is a Security First State?


Many thanks for you help and advise.






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The first thing to note is they are reading your correspondence, as it appears they have taken you up on your request for arbitration. By invoking any arbitraiton clause, you are telling them you want to use arbitration to settle your dispute with them.

They are calling your proverbial bluff!

If you do nothing, they may or may not continue with the arbitration. If they do contiue, even though you may not participate as long as they inform you along the way, they could win an award, which would then need to be confirmed in a court.

If they don't really want the arb, and you do nothing. They can then go to court and take care of business and the arb threat is gone, because of your lack of participation when they filed in AAA.

So need to be sure you want the arb clause in when you send a DV Letter. Some accounts it may not be a good thing to have in the letter.

Hope this helps....

Finally who the claimant and who the respondent in arb is less important to AAA. They just want to make sure they collect the fee. Point is if they added your name and sent you forms, they are waiting to see what you do....If you do nothing they will get their fee refunded...

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Hi Skippy,


Thanks for the reply. I am still not sure if they can file a demand on my behalf without informing me prior to doing so. Also they have not validated the debt per our letter request. My first responce to AAA is that I did not authorise this through them or sign for anything. I agree about the fees being refunded. What are your thoughts on the 2nd mortgage issue and the property being in foreclosure with regards to their postion.


Do you know if Florida is a security first state.








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